What is the test for a section 654 claim?

California, United States of America

The following excerpt is from People v. Lindquist, 2d Crim. No. B285182 (Cal. App. 2018):

Section 654, subdivision (a) provides: "An act or omission that is punishable in different ways by different provisions of law shall be punished under the provision that provides for the longest potential term of imprisonment, but in no case shall the act or omission be punished under more than one provision." Analysis of a section 654 claim rests upon well-settled principles. (People v. Corpening (2016) 2 Cal.5th 307, 311, fn. 2.) The statutory reference to "act or omission" may include not only a

Page 18

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

Can a claimant bring a claim for damages against a public entity under section 946.6 of the California Claims Act for failing to act on a timely claim? (California, United States of America)

Is section 28, subdivision (d) of the California Constitution harmonized with section I, article I, section 15 of the constitution with respect to self-incrimination? (California, United States of America)

Does a defendant who failed to raise a section 654 claim at sentencing forfeit the claim on appeal? (California, United States of America)

Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)

Does a defendant have forfeited the issue of motive under section 1101, subdivision (b) of section 1103 of the Criminal Code for failing to provide evidence that the victim's prior criminal convictions would have bolstered his claim of self-defense? (California, United States of America)

Can a defendant who has been given a life sentence for an assault with intent to murder be convicted of the crime under section 12022(a) of the Penal Code section 120 22(b) and section 5.5 of the Criminal Code? (California, United States of America)

Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)

If two groups are not similarly situated under section 243.1 and section 243(c) of the California Civil Code, can one group make an equal protection claim? (California, United States of America)

What is the effect of using section 654 rather than section 667.6 of the California Criminal Code when rejecting a defendant's claim that three criminal offences arose from the same incident? (California, United States of America)

Can Respondents who have not been charged with violating a section of the obscenity ordinance, such as the "obscene" section, attack the section in the disjunctive? (California, United States of America)

What is the test for a section 654 claim?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources